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La Gazette de L' État de Poudouchéry The Gazette of Puducherry
PART - I
➢ EXTRAORDINAIRE EXTRAORDINARY
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No. 87 Poudouchéry Vendredi 9 Octobre 2015 (17 Asvina 1937)
No. Puducherry Friday 9th October 2015
GOVERNMENT OF PUDUCHERRY
TRANSPORT SECRETARIAT
(G.O. Ms. No. 20/Sectt./2015, dated 7th October 2015)
NOTIFICATION
In exercise of the powers conferred by rule, 118 of the Central Motor Vehicles Rules, 1989, and in compliance to the directions of the Hon'ble Supreme Court vide its order, dated 18-8-2011 in S.L.P. (Civil) No. 17135/2008, the Lieutenant-Governor, Puducherry hereby notifies that the following classes of transport vehicles specified in the Table below, shall be fitted with a speed governor (speed controlling device) conforming to the standard AIS: 018/2001 as amended from time to time, namely:-
[ 553 ]LA GAZETTE DE L'ETAT [ PART-I 554 554 TABLE
Sl. Type of vehicle Maximum No.
speed limit in kms. per hour
(1)
(2)
(3)
(i) Stage carriages plying on inter-State routes (Cuddalore- 70 kms.
Puducherry and Villupuram-Puducherry).
(ii) Stage carriages plying on intra-State routes 60 kms.
(iii) Stage carriage buses plying on urban routes (Town Buses) 45 kms.
(iv) Buses/Vans used for transporting students 45 kms.
(v) Contract carriages with seating capacity exceeding 8+1 80 kms.
(vi) To u r i s t v e h i c l e s c o v e r e d w i t h p e r m i t s i s s u e d u n d e r 80 kms.
section 88(9) of Motor Vehicles Act, 1988 (TVP).
(vii) Goods vehicles except 3 wheeler goods vehicles, dumpers, 80 kms.
tankers and those carrying hazardous goods.
(viii) Dumpers, tankers and those carrying hazardous goods 60 kms.
Conditions
The speed governor shall be fitted in respect of. — (a) Vehicles manufactured on or after the 1st October 2015 shall be equipped or fitted by the vehicle manufacturer either in the manufacturing stage or at the dealership stage with a speed governor (speed limiting device or speed limiting function), having maximum pre-set speed as specified in the above Table.
(b) The above categories of transport vehicles registered prior to 1st October 2015, which are not already fitted with a speed governor (speed limiting device or speed limiting function) shall be equipped or fitted by the operators of those vehicles on or before 1st April 2016 with a speed governor (speed limiting device or speed limiting function), having maximum pre-set speed as specified in the above Table.
The maximum speed of such vehicles is fixed as per the above Table, under sub-section (2) of section 112 of the Motor Vehicles Act, 1988 (Act 59 of 1988);
(2) The permit granting authority/Registering Authority concerned in the Union territory of Puducherry shall ensure that "speed governor" is fitted in each of the aforesaid classes of vehicles and the "official seal" of the permit granting authority/Registering Authority concerned shall be put up on such "speed governor" in such a manner that the seal cannot be removed or tampered without the seal being broken;
(3) The speed governor so fitted shall be functionally capable of limiting the speed of the vehicles to the maximum speed as specified by the Government, from time to time;
(4) The manufacturer of the speed governor shall obtain a type approval certificate in respect of the speed governor to be fitted from any of the testing agencies referred to in rule 126 of the Central Motor Vehicles Rules, 1989;
PART-I ] LA GAZETTE DE L'ETAT 555(5) The Registering Authority concerned or any officer authorized by the Registering Authority shall seal the points with the official seal after satisfying himself that the speed governor is capable of limiting the speed of the vehicle as specified by the Government;
(6) No notified vehicle required to be fitted with a speed governor shall be used in any public place unless it bears the official seal;
(7) No person shall open, tamper or otherwise interfere with the official seal on a speed governor;
(8) In case, the official seal is broken, damaged or opened due to any reason whatsoever, the vehicle shall not be used in any public place unless a new official seal is affixed by the authority concerned;
(9) The owner of the vehicle shall provide an inspection window on the floor of the vehicle just above the gear box or otherwise, where sensor of the speed governor is connected to the gear box for applying the official seal or for inspection of the same;
(10) Any officer of the Transport Department not below the rank of Assistant Motor Vehicles Inspector is authorized to stop a vehicle for such reasonable time, as is necessary to satisfy himself that the official seal is intact and the speed governor is capable of limiting the speed as specified for such vehicle notwithstanding that the official seal on the speed governor appears to be intact;
(11) It shall be the duty of the owner of the vehicle to train or educate the driver of the vehicle about the necessity and importance of the speed governor and the official seal therein;
(12) Every vehicle required to be fitted with a speed governor shall display the words "Speed Governor Installed" legibly written in English at the bottom of both front and rear wind screen. The letters shall be written in white colour and shall be of 15 cms. height with appropriate thickness;
(13) If, at any time, it is observed by the driver or the owner that the speed governor is not functioning properly or by any means it is observed that the speed of the vehicle does not limit to the prescribed speed, the driver or the owner shall ply the vehicles, only after necessary rectification. In such an event, it shall be necessary to obtain fresh official seal of the concerned Registering Authority or any officer authorized by the Registering Authority on the speed governor;
(14) The penalty provided under section 177 of Motor Vehicles Act, 1988 (Act 59 of 1988) shall apply for violation of this notification.
(By order of the Lieutenant-Governor)
S. THAMMU GANAPATHY, Deputy Secretary to Government (Transport).
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